1969-09-02 CC Minutes (2)1
CITY OF'FARMERS BRANCH
MINUTES OF A REGULAR MEETING
CITY COUNCIL
September 2, 1969
7:30 P. M.
ALL member of the City Council were present:
Mayor
Mayor Pro-Tem
Councilmen
City Manager
City Attorney
City Secretary
1
W. C. Roberts, Jr.
George G. Grimmer
John D. Helms
A I Korioth
E. W. Schedler, Jr.
W. R. Linn
Dennis Spellmann
H. Louis Nichols
Ruth Ann Parish
Mayor Roberts called the meeting to order. Rev. Glenn Hayden, minister
of the First Baptist Church, gave the invocation.
APPROVAL OF MINUTES
Upon the motion of Councilman Schedler, a second by Councilman Linn,
all voting "ayes", considered and approved the minutes of a regular
meeting of August 4, 1969 after correction on page 146 under caption of
NEIGHBORHOOD PARKS in the motion add that Councilmen Schedler and
Helms voted "nay" because they were against the 10 ' alley easement.
Upon a motion by Councilman Korioth, a second by Councilman Schedler,
all voting "ayes", considered and approved the minutes of a special
meeting of August 25, 1969.
PIONEER DAYS PROCLAMATION
Mayor Roberts proclaimed September 25, 26, & 27 as Pioneer Days of
the City of Farmers Branch.
CITIZENS PRESENTATION
City Manager reported that Mr. W. J. McCartney, 13581 Braemar, rquested
for an extension of asphalt overlay that ended in the middle of his lot. There
was no discussion by the Council on this item.
A letter was read from Mr. Loraine Mooring, 12302 Harry Hines, requesting
assistance in cleaning up her property for mcw ing. A motion by Councilman
Linn, a second by Councilman Schedler, all voting "ayes", denied her request.
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TABULATION OF BIDS - SEATS FOR NEW CHAMBER ROOM
After some discussion, a motion by Councilman Schedler, a second by
Councilman Grimmer, all voting "ayes", accepted the bid of American
Seating Company in the Amount of $3, 910. 50 for 75 tablet-arm cushioned
chairs with ash tray to be installed in the new Council Chamber. (Out
of 5 companies-American Seating Company was the only one that returned
a bid.)
BEN CABALLEROS SITE PLAN
City Manager Dennis Spellmann presented the recommendations of the Public
Works Department on the request for an office site plan approval by Ben
Caballero on his property located in the eastern portion of PD#14 MF-2-0
on the north side of L. B. J. Freeway between Josey Lane and Webb Chapel
Road. The recommendations from the Public Works Department are:
(1) The masonry fence should be placed on the North side of the channel
so as to provide the most effective screening for the property north.
(2) Width of channel R. O. W. should depend upon engineering design of
channel as approved by the department of public works.
(3) Street should be dedicated R. O. W. of 50' with 411 pavement. Anything
less should go to Zoning Board of Adjustment. We would see no particular
objection to a 27' pavement within a 35' pavement provided parking is pro-
hibited on the street.
(4) It should be understood that there will be no opening in the median
opposite the south entrance.
(5) Money should be put in escrow by developer for the construction of
approx. 60' of the channel on both ends pending working out problems
of relocation of bridge on Webb Chapel and final decision on location of
channel across adjoining property on west end.
(6) A. planting strip with guard rail should be provided on South side of
channel.
After some discussion and consideration of the recommendations of the Public
Works Department and the Planning and Zoning Com:mmission's approval,
a motion by Councilman Schedler, a second by Councilman Grimmer, all
voting "ayes", approved the site plan request by Ben Caballero subject to
the above listed 6 recommendations.
CITY MANAGER REPORTS
City Manager Dennis Spellmann reviewed a study made by city personnel
on a proposed master plan for a radio communications system. This plan
would provide for a 3-frequency operation, capable of being operated from
a central location. This being: Frequency 1-Fire Department; Frequency 2-
Police Department; and Frequency 3-Public Works and other City operations.
After some discussion, a motion by Councilman Grimmer, a second by
Councilman Helms, all voting "ayes", approved the recommended radio
communications system's master plan.
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City Manager Dennis Spellmann gave a report on the street paving progress,
pointing on a map what had been done in 1969 and what will be done.
8:00 P. M. PUBLIC HEARING -SPECIAL DAY CARE SCHOOL on FYKE ROAD
Mr. Bill Pryor, minister of Ridgeview Presbyterian Church, presented his
request for a specific use permit for a private Special Care School on approx.
7 1/2 acres on Fyke Road adjacent to Cochise Road that is in area zoned R-6.
Mr. Pryor stated that the school has been established for 7 years already in
Farmers Branch and they have a capacity of approx. 50 children and want to
expand to serve 120 - 130 children. The Special Care School serve children
that are motional and mentally retarded.
Mr. Leonard McCasland, 2970 Fyke Road, opposed to the change of zoning
mainly because of traffic on Fyke Road. Mr. McCasland also questioned
the drainage conditions and recommended a place in a quieter neighborhood
would be 'more suitable.
Mr. Ed Nash, 3047 Windmill, opposed the request on concern of the flooding
problems they have in that area. Mr. Nash recommended that the developer
share the cost with the City for some form of flood control.
Mr. John Gill, of Special Care School, spoke for the necessity of the school
in this area. He stated the building would be approximately 20, 000 sq. ft.
and with 1 acre of paving for approximately 100 parking spaces.
Upon a motion by Councilman Schedler, a second by Councilman Korioth,
all voting "ayes", closed the public hearing.
After discussion and consideration of the recommendation of approval by
the Planning and Zoning Commission, a motion by Councilman Korioth,
a second by Councilman Helms, all voting "ayes", approved the zoning
changes are requested. The motion carried 4 to 1 with Councilmen Korioth,
Helms, Schedler, Linn voting "ayes" and with Councilman Grimmer voting
"nay".
8:40 P. M. BUDGET HEARING
City Manager Dennis Spellmann presented to the Council and citizens charts
showing the budget summary. This report gave the citizens an idea on how
their tax money is spent, and compared this coming year's budgetted amount
to the past three years. Mr. Spellmann reported where the revenues come from
and how much each department requires. Mr. Spellmann went into detail
on each department.
Mr. Jack Knight, 13617 Onyx Lane, asked why the proposed expenditures
of the Sanitation Deparment are not going up like the others. City Manager
answered that equipment will not be needed to be purchased this coming year
as they had purchased in the past.
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After some discussion, a motion by Councilman Schedler, a second by
Councilman Grimmer, all voting "ayes", closed the public hearing.
Councilman Grimmer questioned the proposed budgetted amounts in the
Tax and Accounting Department, Central Services, Sanitation Department
and the Parks and Recreation Department.
Councilman Korioth questioned the number of Foremen in Central Services,
Sanitation Department and the Park Department; and questioned the necessity
of a Youth Officer; and asked about overtime work and pay.
After some Council discussion, Councilman Helms moved to adopt the
1969-1970 Budget as presented. Councilman Schedler seconded the motion.
The motion failed 2-3 with Councilman Helms, Schedler voting for the
motion and Councilmen Linn, Grimmer, Korioth voting against the motion.
Councilman Grimmer moved to reject the budget, Councilman Korioth seconded
the motion.
Upon some discussion of the time was near October 1, Councilman Grimmer
withdrew his motion, Councilman Korioth withdrew his second.
Upon a motion by Councilman Grimmer, a second by Councilman Korioth,
to take the Budget under advisement until the next open meeting. The motion
carried 3 to 2 with Councilman Grimmer, Korioth, Linn voting "ayes", and
Councilmen Helms, Schedler voting "nay".
Items of Ordinance for Budget Approval and Ordinance Setting Tax Rate
were tabled by Council.
KATY RAILROAD STORM SEWER
City Manager Dennis Spellmann presented to the Council recommendation
from the Public Works Department on installing a 48" storm sewer along
the K2y Railroad south of Valley View from about 3501, trenching the
bottom of the ditch from the end of the new pipe to the culvert under Sable
Street, and build a junction box and a standard 5' square manhole.
After some Discussion, a motion by Councilman Schedler, a second by
Councilman Helms, all voting "ayes", authorized the City Manager to
advertise for bids on the installation of a storm sewer along Katy Railroad
as recommended above.
JOSEY LANE IMPROVEMENTS
City Manager explained to the Council what the cost would be for improvements
on Josey Lane thru the City and possible the County could reimburse the City
50% of the Cost. The estimated cost being $183, 000. 00. Mr. Spellmann
stated he needed authorization to request the County for participation.
Page 154
After some discussion, a motion by Councilman Schedler, a second by
Councilman Grimmer, all voting "ayes", authorized the City Manager to
submit a request to the County for participation in the improvementson
Josey Lane including bridge improvements at Josey Lane and Rawhide
Creek.
CITY COUNCIL REPORTS
Councilman Grimmer moved to discuss Item B (being- Mr. Korioth-
Irregularities in City finances and audit) before Item A (being- Mr. Korioth,
Mr. Grimmer, Mr. Linn - Personnel Matter-City Manager). Councilman
Korioth Seconded the motion. Motion carried with Councilmen Grimmer,
Korioth, Linn voting "ayes", and Councilmen Schedler, Helms voting "nay".
After some discussion of the problems in the Sanitation Department of 4
checks in the amount of $607. 00 and the purchase of a tractor for the
Park Department, Councilman Korioth moved to request a Grand Jury
investigation on grounds of irregularities and mishandling of funds and
directed the Chief of Police to furnish all pertinent information to the
Grand Jury. Councilman Grimmer seconded the motion. Motion carried
3 to 2 with Councilmen Grimmer, Korioth, Linn voting "ayes", and
with Councilmen Schedler, Helms voting "nay" opposing the investigation.
PERSONNEL MATTER - CITY MANAGER
Councilman Grimmer moved that the City Manager Dennis Spellmann be
fired. Councilman Linn seconded the motion. Councilman Grimmer stated
his reason for the motion as -Causing or attempting to cause disharmony
between council and various boards and commissions; -Causing or attempting
to cause disharmony between members of City Council; -Refusal to place item
on agenda as requested by member of City Council; -Instructing city attorney
to refuse to answer questions from council members; -Coercing city
employees in asking for a vote of confidence; -Unauthorized expenditure
of city funds; -Condoning misconduct of certain city employees; -Conspiring
to suppress investigation of illegal acts; -Attempting to cover up unauthoriz-
ed expenditure by returning purchase after payment. Conspiring with seller
to commit illegal acts. Mr. Spellmann asked if this was all and stated he
did not need any more on this and left the room.
Mayor Roberts asked City Attorney to read from the City Charter on the
removal of the city manager concerning his right to a public hearing.
Mayor Roberts called Mr. Spellmann back in the room to see if he wanted
to go into the charges at this time. Mr. Spellmann stated the charges
stand on their own self and he didn't need any answers on these charges and
they are ridiculous.
Councilmen Grimmer, Linn, Korioth voted for the motion, and Councilmen
Helms, Schedler voting against the motion.
Page 155
Mayor Roberts asked City Attorney once again to read from the City
Charter concerning the removal of the city manager. Mr. Nichols
read Article II, Section 2. 08 from the charter.
Mayor Roberts ruled that in his opinion the motion died for lack of the
necessary majority vote of the full membership of the council which would
take 4 out of 6.
There was some discussion against this decision.
MR. SCHEDLER - DISCUSSION: POSSIBLE MISCONDUCT OF COUNCILMEN
Councilman Schedler asked Councilman Korioth if he would like to hear the
charges made against him in executive session. The Council adjourned to
executive session.
11:26 P.M. Council returned from executive session
Councilman Schedler read his charges of misconduct against Councilman
Korioth as "I, Edmund W. Schedler, Jr. do hereby charge Councilman Al
Korioth with violation of Article II, Section 2. 10 of the Home-rule charter
of the City of Farmers Branch, Texas which states among other things,
in regards to administrative and executive duties under the City Manager.
The Council and its members shall deal solely through the City Manager
and neither the Council or any member thereof shall give orders to any
subordinates of the City Manager, either publicly or privately. Willful
violation of the foregoing provisions of this charter by any member of the
council shall constitute official misconduct and shall authorize the council
by a vote of a majority of its membership to expel such offending member from
the council if found guilty after public hearing, and thereby create a vacancy
in the place held by such member. The City Council is at this moment
conducting a public hearing - On or about July 16, 1969 the accused did direct
Mrs. Ruth Ann Parish a city employee to do certain clerical work for the
accused without acting solely through the city manager. The work involved
typing a list of names from a petition from citizens which required about
1 1/2 days time of the city receptionist and comparing the names with the
registrar of voters. The City Manager upon discovering the work being
done countermanded the order of comparing the names on the petition with
the registrar of voters by stating that this was political work that campaign
workers should do - and that this was not work to be done by city employees.
The afore mentioned facts are clear violation of Article II, Section 2.10 and
I move the City Council find Al Korioth guilty of official misconduct and
declare a vacancy in the place held by this member. "
Councilman Korioth asked City Attorney Louis Nichols to repeat the three
qualifications that :must be found in this case. Mr. Nichols stated the three
were - did the act take place, -was it willful, and -does a majority of the
City Council vote to remove you.
Page 15 6
Councilman Schedler and Councilman Korioth questioned Mrs. Parish
about the work that was done.
Councilman Korioth submitted that he did not ask or direct this employee
to do any work for him, certainly did not do it in a willfully nature to
breach the charter.
Mr. Hood Cheney, 14222 Tanglewood, stated he had obtained information
from the City Secretary's office many times and had never been refused.
Mr. Fred Moore, 13659 N. Rawhide, stated the City Secretary has always
given out information and thought a willful violation was not committed.
Councilman Schedler moved that the City Council find Councilman Al
Korioth of official misconduct and declare a vacancy in the place held by
this member. After some discussion Councilman Schedler withdrew his
motion.
Councilman Schedler moved the Council find that Councilman Korioth did
act willfully directing the City Secretary to do certain clerical work for
him. Councilman Helms seconded the motion. Motion carried with Council-
'men Schedler, Helms voting "ayes", Councilmen Grimmer, Linn voting "nay"
and Mayor Roberts voting "aye" to break the tie.
Councilman Schedler moved that the City Council declare a vacancy in the
place held by Al Korioth. Councilman Helms seconded the motion. The
motion carried with Councilmen Schedler, Helms voting "ayes, Councilmen
Grimmer, Linn voting "nay", and Mayor Roberts voting "aye" to break the
tie. Mayor Roberts declared the place held by Mr. Korioth vacant.
Councilman Linn asked City Attorney Mr. Nichols to read from the Charter
concerning more than one vacancy on the Council. Mr. Nichols read from
Charter in Article II, Section 2. 04 which states among other things -
"When two or more vacancies exist, a special election shall be held to elect
successors to fill the unexpired terms,
Councilman Linn submitted his resignation as of this date.
Councilman Helms moved to accept Mr. Linn's resignation, and Councilman
Schedler seconded the motion. The motion carried with Councilmen Helms,
Schedler voting "ayes", no one voting "nay" and Councilman Grimmer did
not vote. Mayor Roberts declared the place held by Mr. Linn vacant.
Councilman Grimmer and Mr. Linn walked out, leaving Councilman Schedler
and Councilman Helms present.
The 'meeting adjourned - 11:45 P. M.
George G. Grimmer, Mayor
ity Secretary Page 157